{"operation":"document","citation":"21-0022","title":"Hazmat Safety Consulting — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-06-17","effective_on":null,"summary":"21-0022 response to Hazmat Safety Consulting concerning 171.2, 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0022.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0022.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0022","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/75241/210022.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJune 17, 2021\nMr. Bob Richard\nPresident\nHazmat Safety Consulting\n1765 Duke Street\nAlexandria, VA 22314\nReference No. 21-0022\nDear Mr. Richard:\nThis letter is in response to your January 27, 2021, letter—received by this Office on March 5,\n2021—requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180) applicable to closure instructions for United Nations (UN) specification packaging.\nSpecifically, you state that your company has audited a client that ships batteries for recycling.\nYour client receives significant quantities of end-of-life batteries which they then repackage and\nship to recycling facilities. Your client transports the end-of-life batteries to the recycling\nfacilities in drums, many of which are UN specification drums that are shipped to them from\nupstream customers. During the audit, you state that you informed your client that while UN\nspecification packaging is not required for lithium batteries shipped for recycling or disposal, the\nuse of UN specification steel and plastic drums is acceptable. You also informed your client that\nwhen UN specification packaging is required for hazardous materials, they must close the\npackaging in accordance with the manufacturer’s closure instructions and maintain a copy of\nthose instructions on-site. You ask whether it is the Pipeline and Hazardous Materials Safety\nAdministration’s (PHMSA) position that all of the requirements of the HMR (including closure\ninstructions) would be applicable to a packaging marked as a UN specification packaging even if\nUN specification packaging is not required by the HMR.\nYou are correct that in accordance with § 173.185(d), lithium cells or batteries shipped for\ndisposal or recycling do not require the use of UN specification packaging when shipped in\nstrong outer packaging. It is the opinion of this Office that when the HMR does not require UN\nspecification packaging for a hazardous material, the use of UN specification packaging is not\nsubject to the notification requirements specified in § 178.2(c), including closure instructions.\nHowever, under § 171.2(g), no person may represent or offer a packaging as meeting the\nrequirements of the HMR unless the packaging is manufactured, fabricated, marked, maintained,\nreconditioned, repaired, and retested in accordance with the applicable requirements of the\n\n<<<PAGE 2>>>\n\nHMR. These requirements are applicable whether or not the packaging is used for the\ntransportation of a hazardous material. Therefore, if the specification packaging is not\nmaintained in accordance with the HMR, we recommend you securely cover any identifying\nmarks representing it as such to avoid the potential of a frustrated shipment.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDuane A. Pfund\nActing Director\nStandards and Rulemaking Division\nOffice of Hazardous Materials Safety\n\n<<<PAGE 3>>>\n\nLarson\n21-0022\nFrom: DerKinderen, Dirk (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Packaging question\nDate: Friday, March 5, 2021 1:29:55 PM\nAttachments: image005.png\nAlice/Kenetha,\nPlease enter the below email from Bob Richard (Hazmat Safety Consulting) as an interp request.\nThanks,\nDirk Der Kinderen\nChief, Standards Development Branch\nPHMSA\n202-366-4460\nFrom: Heneghan, John (PHMSA)\nSent: Friday, March 5, 2021 10:59 AM\nTo: DerKinderen, Dirk (PHMSA) <Dirk.DerKinderen@dot.gov>\nCc: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>\nSubject: FW: Packaging question\nFrom: Bob Richard [mailto:brichard@hazmatsafety.com]\nSent: Wednesday, January 27, 2021 4:05 PM\nTo: Heneghan, John (PHMSA) <John.Heneghan@dot.gov>\nCc: Mike Pagel <mpagel@hazmatsafety.com>\nSubject: Packaging question\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nJohn,\nWe just audited a client’s facility. The client ships batteries for recycling. They are a collection and\nsorting facility so significant quantities of end of life batteries are shipped to them and they repack\nthem and ship them to a recycling facility.\nThe client reuses drums that are shipped to them from upstream customers, many of which are UN\n1A2 (steel drum) or UN 1H2 (plastic drum) UN Performance Packages. The client inspects each drum\nfor signs of significant dents or structural problems and, those deemed non-serviceable, are not\nreused. We informed the client that while UN-rated packaging is not required for lithium batteries\nmoving to recyclers, using UN-rated steel and plastic drums is acceptable. The client also ships DDR\nbatteries which do require UN packaging. We informed the client that when UN-rated packagings\nare required for use by the regulations (e.g., for DDR lithium batteries), they must close the package\nin accordance with the manufacturer’s instructions and keep a copy of those instructions on-site.\n\n<<<PAGE 4>>>\n\nWhat is not entirely clear is whether the client needs to maintain manufacturer closure instructions\nfor the drums when they are used to ship lithium batteries for recycling or disposal since UN\npackaging is not required. Given the diversity of drums coming in from upstream customers, it would\nnot be feasible for the client to track down closure instructions from each packaging manufacturer.\nDo you agree that when UN packaging is not required that closure instructions are not required? Is\nit PHMSA’s view that even if a UN package is not required if it is marked as such then all the\napplicable requirements pertain (e.g. closure instructions)? Covering the specification markings on\neach drum is not really feasible because they are permanently marked.\nBest Regards,\nBob Richard\nPresident, Hazmat Safety Consulting\nPhone: 773-540-0837\nEmail: brichard@hazmatsafety.com\nwww.hazmatsafety.com\nCONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual or entity to which\nit is addressed and may contain information that is privileged and confidential. If the reader of this message\nis not the intended recipient, you are hereby notified that any disclosure, distribution or copying of this\ninformation is strictly prohibited. If you have received this transmission in error, please notify us immediately\nby telephone and delete the original message.","truncated":false,"body_characters":6487}